R v Chief Constable of Sussex, ex parte International Traders’ Ferry Ltd [1999] 2 AC 418

House of Lords

Facts: International Traders’ Ferry Ltd (ITF) operated a shipping service for live animals. During a blockade by animal rights activists, the Chief Constable of Sussex scaled back police protection due to limited resources. ITF contended that this reduction impeded their lawful trade and sought judicial review, arguing that the Chief Constable’s decision was unreasonable and interfered with their rights under Article 34 of the Treaty of Rome (prohibiting trade restrictions within the EU).

Issues: Whether the Chief Constable acted unlawfully by reducing police protection, thereby obstructing ITF’s trade/Whether this decision constituted a violation of EU law under Article 34.

Held: The House of Lords dismissed ITF's appeal.

(1) Discretion of the Police: The court held that the Chief Constable’s decision was within his discretion, given the need to balance public order with limited resources. It was not unreasonable to allocate resources in this manner, considering the broader public interest.

(2) Proportionality: The decision to reduce protection was deemed proportionate, as the police had to prioritize their limited resources, and there was no absolute duty to provide continuous protection to a private enterprise.